TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 54

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

83. Under the Government's proposals, a child born abroad who is

registered will be on the same footing as one born abroad who is a

citizen by descent.

A Right of Appeal Against the Refusal of Naturalisation

and Registration.

84. The question whether a right of appeal should be provided against the refusal of naturalisation or registration was discussed in paragraphs 59 and 60 of the Green Paper. Some of those who have written in response have supported the idea of a system of appeal; most of them have also been in favour of objective tests for the assessment of an applicant's character.

85. The Government intend to propose that the grant of citizenship shall, with the exceptions mentioned in paragraphs 77, 78 and 81. be at the discretion of the Home Secretary, and that before granting an application for naturalisation he shall have to be satisfied that the applicant is of good character. The Government share the doubts expressed in the Green Paper on whether it would be apt to have an appeals system if good character is to be assessed subjectively on the basis of reports. Accordingly, they will not propose the introduction of a right of appeal.

Dual Nationality

86. Many Citizens of the United Kingdom and Colonies have other citizenships, either by descent or by having been naturalised overseas. As the Green Faper explains, our present law contains no bar on the holding of dual nationality. Most other countries nowadays place restrictions on the holding of dual

nationality, and in particular withdraw their citizenship from people who by their voluntary act obtain that of another country.

87.

The options open to the United Kingdom are explained in paragraph 62

of the Green Paper as follows:

(a) to have a complete ban on dual nationality whether it arises

voluntarily or involuntarily, with some arrangement for children who

are dual nationals to make a choice when they become of age;

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